Public debate surrounding the appointment of Malta's next chief justice has raised concern within the Chamber of Advocates, which has warned that the process risks becoming politicised if potential candidates are discussed publicly before cross-party agreement is secured.
In a statement, the Chamber referred to the constitutional procedure governing the appointment and expressed unease at what it described as premature public speculation about possible nominees.
The Constitution requires the appointment of a chief justice to be approved by a two-thirds majority in parliament. Given the sensitivity and importance of the role, the Chamber said it had expected political parties to first reach consensus on a single nominee before the issue entered the public arena.
Failure to do so, it warned, risks turning a delicate constitutional process into one subject to political instrumentalisation.
The Chamber stressed that the two-thirds majority requirement reflects the need for broad consensus and institutional stability at the highest level of the judiciary. It said this spirit of consensus should also guide how the process is handled in practice, including how it is discussed publicly.
The Chamber also issued an unequivocal condemnation of personal attacks directed at Judge Consuelo Scerri Herrera, whose name has appeared in the media in recent days as a possible candidate. It said such attacks, particularly on social media, were unacceptable.
"Our judges carry out their duties with seriousness and dedication," the Chamber said, adding that attacks on their integrity undermine the judiciary as a whole. It said criticism that targets individuals personally, rather than addressing principles or procedure, crosses a line that should not be tolerated.
The statement emphasised that the judiciary must be allowed to operate in an atmosphere of serenity, both during the appointment process and afterwards. For this reason, the Chamber said, decisions of this nature should not be conducted or treated as if they were public trials.
It warned that public speculation and personalised debate risk placing undue pressure on members of the judiciary and could erode public confidence in the independence of the courts.
The Chamber of Advocates urged politicians to reach a decision as quickly as possible, warning that prolonged uncertainty is already causing damage to the justice sector. Further delay, it said, serves no useful purpose and risks undermining the effective functioning of the courts at a time when trust in institutions depends on stability, discretion and respect for constitutional norms.
Earlier this week, Justice Minister Jonathan Attard announced that the government has proposed Judge Consuelo Scerri Herrera, 61, for the role of chief justice. Her appointment requires the support of a two-thirds majority in parliament, meaning approval from the Opposition is necessary.